Privacy

The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.

Part One of a Two-Part Article

This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.

The purpose of this article is to shed some light on the EU-US Privacy Shield for business. This is vital in order to enable businesses to make an informed decision on whether or not to join this scheme.

Part Two of a Two-Part Article

Last month, the author discussed some of the technologies people are using today, such as fitness trackers and intelligent personal assistants, and the e-discovery implications they entail. Like these, automotive "Black Boxes" and drones could yield important information for those seeking evidence in a legal action.

Lessons from 2017 Enforcement Actions and Guidance

Regulators including the FTC, the Department of Health and Human Services Office of Civil Rights (OCR) — the agency responsible for enforcing the HIPAA rules for protected health information (PHI) — and state attorneys general have issued guidance and announced a number of settlements in data security cases that are instructive about measures that organizations can take to reduce the potential for a data breach or, if a breach does occur, provide appropriate notice.

The security industry all too often sells the next shiny object touted as the Holy Grail of security that protects against all cyber threats. And the following year, the next best thing hits the market and becomes the grail until proven fallible.

In the wake of suits filed against Equifax by consumers, businesses and governmental units, courts will have to grapple with the question of what remedies are appropriate. These issues are not unique to the Equifax incident, but the scope of the breach will undoubtedly lead to more debate than ever before.

“There's really no such thing as the cloud, there are only other people's computers.” This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.